Terms and Conditions

Effective data: 24-Nov-2023

This document sets out the general terms and conditions (“Terms and Conditions”) for the use of online services including websites and online software and tools (“Services”) that SIM Global Advantage AG (“SIM Global Advantage”, “Service Provider”, or “we”) provides to its clients or potential clients, including anonymous visitors (“Client” or “you”) (together “the Parties”). The Terms and Conditions shall form an integral part of any specific Contract, Term Sheet, or other Engagement between the Service Provider and the Client.

General

Information published, materials contained, and opinions expressed, including graphics, text, images, trademarks, trade names, and logos (“Materials”) on our Services are not intended to provide, and do not constitute or comprise, financial, business, or legal advice on any particular matter and are provided for general information purposes only. You should not act or refrain from acting on the basis of any of the Materials published on our Services, without seeking appropriate professional advice.

The Materials on our Services may reflect the opinions of the author only, and not necessarily those of SIM Global Advantage. The Materials are provided in good faith. They do not purport to be all-inclusive or to necessarily contain all relevant information and may be subject to updating, withdrawal, revision, or amendment.

Any testimonials on our Services are individual experiences, reflecting real life experiences of those that have used our products and/or services in some way or another. However, they are individual results and results may vary. The testimonials are not necessarily representative of all of those who use our products and/or services.

Our Services and their Materials may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of mirrored or derivative works without our prior written consent. Any software and the Materials that are made available for downloading, access, or other use from our Services with their own license terms, conditions, and notices will also be governed by these Terms and Conditions.

If the Materials contained on our Services or the IT systems supporting them are abused, criminal proceedings may be initiated against those responsible for this abuse.

In general, your failure to comply with the Terms and Conditions will result in the automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded Materials in your possession or control.

Finally, if you do not agree to the Terms and Conditions, you should not use our Services.

Copyright Notice and License

The Materials contained on our Services are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties.

Disclaimer

It is possible that the Materials on our Services could be manipulated under certain circumstances by unauthorized third parties; as such, we do not make any guarantees (either expressed or tacit) for the accuracy, completeness and up-to-dateness of the Materials published on our Services.

We are not obligated to remove outdated Materials from our Services or to label them expressly as such. At the same time, we reserve the right to update or change the Materials of our Services at any time and without prior notice.

Any information found on or transmitted through our Services or sent or forwarded by you to us is generally sent as unencrypted data over open networks (the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond Switzerland’s borders, even if both you and SIM Global Advantage are located in Switzerland. Even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end. In all cases, we point out that it is your responsibility to transmit information to us in a protected, encrypted form if necessary.

Confidentiality in respect of credentials

It is your responsibility to maintain the confidentiality of your user credentials to our Service. For this purpose, refrain from storing these details in your web browser and regularly clear temporary files from your cache memory and browsing history. You bear sole responsibility in case authentication information is shared, compromised, or misused by a third party, and you are liable for any resulting losses and damages.

Please be aware that it is essential to log out of our Service and close all open browser windows displaying our Service before leaving your internet station.

Global availability

We reserve the right to restrict access to our Services published on the World Wide Web only within certain countries or exclusively via a list of IP address(es) provided by you prior to the creation of your user profile for our Services.

External links and references

Our Services may provide external links or references to third-party websites and resources that do not belong to us. We do not endorse the content or use of such website or its owner. In addition, we are not a party to or responsible for any transactions you may enter into with third-party websites, even if you learn of such parties (or use a link to such parties) from any of our Services. Accordingly, you acknowledge and agree that SIM Global Advantage is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

Finally, references, hypertext, or other links to any of our Services are prohibited without our prior written consent.

Liability

Limitation of liability

The liability of the Service Provider is limited to damages caused by intentional or gross negligence. Furthermore, the liability of the Service Provider for indirect or consequential damages is excluded. In any case, the liability of the Service Provider does not exceed the amount paid by the Client as compensation for the order. The Client is liable for any direct loss or damage caused by the Client intentionally or through gross negligence and in breach of the Client’s obligations to the Service Provider.

Liability for missing data or technical malfunction

The Service Provider shall not be liable for any damage incurred by the Client as a result of a technical problem, such as hardware or software failures, power failures, temporary or permanent failure of communication systems. The Service Provider's liability does not extend to any loss, damage or expense caused or contributed to directly or indirectly by or arising from the use or operation of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system as a means of causing damage.

Scope of liability

The Service Provider's service is limited to consulting based on the prevailing market conditions, accepted methodology and accepted programs. The Service Provider does not assume any liability for the quality of the results or for the suitability of the results after the methods, programs, specifications, and requirements have been adopted and used by the client. The Client acknowledges that it is at the Client’s discretion to decide whether or not to follow individual advice from the Service Provider or the results/outputs of tools and software.  The Client acknowledges that he/she is sufficiently qualified and experienced to exercise this discretion. Any liability of the Service Provider for the commercial success or non-success of the Client as a result of the use of the productive calculation module, the models, functions, programs, and the calculated results is excluded. In other words, any liability claims by the Client or any of its partners, customers, employees, staff, or consultants against the Service Provider for the defect-free productive calculation module including all functions and programs and for modifications not made by the Service Provider is excluded.

Limited use of intellectual property

The Client is not entitled to use the analyses or any elements of the investment process and/or investment models including the Services’ results outside the defined investment products for his/her own purposes or to pass them on to third parties.

Intellectual property rights, including but not limited to rights to names, copyrights, patents, design and model rights, business models and know-how developed or used, are and remain the exclusive property of the Service Provider.

In the event of termination of any specific Contract, Term Sheet, or other Engagement, the Client’s acquired right to the Services shall expire in full. The Services and their backup copies shall be removed from all computers on which they were accessed. The Service Provider has the right to request access to the computers at any time within 5 years after termination of any specific Contract, Term Sheet, or other Engagement to ensure the Services and any of their copies have been removed according to these Terms and Conditions.

Governing law and jurisdiction

The Terms and Conditions and all issues regarding the Services provided shall be governed by Swiss laws. The Parties agree that the place of jurisdiction is the Commercial Court of Zurich, Switzerland.